Deborah S. Taylor v. Time Insurance Company

On this Georgia diversity summary judgment against the beneficiary of a life insurance policy, the uncontradicted evidence showed that decedent in his application answered “no” to the question of whether he had “consulted or been treated by a physician or practitioner in the past five years.” In fact, he had consulted and been treated by a psychiatrist numerous times within three years.

The district court held this to be a material misrepresentation as a matter of law under Ga.Code Ann. § 56-2409 (1977), and granted summary judgment for the insurer. This holding is in accord with Georgia law.…